Police error meant ‘speeding’ motorists paid fines but never exceeded the limit – Daily Telegraph

Posted April 10th, 2018 in drafting, fines, mistake, news, police, regulations, road traffic, speed cameras by tracey

‘A police force has admitted it has wrongly fined ‘speeding’ motorists after a clerical error meant the speed limit was never officially lowered. Avon and Somerset Police face having to cancel hundreds of tickets after a motorist successfully overturned his fine.’

Full Story

Daily Telegraph, 9th April 2018

Source: www.telegraph.co.uk

Worboys’ release quashed – UK Human Rights Blog

Posted April 4th, 2018 in judicial review, news, parole, rape, regulations, sexual offences by sally

‘On 28th March 2018 a three-judge panel of the Divisional Court gave its decision in R (DSD and Ors) v The Parole Board of England and Wales [2018] EWHC 694 (Admin), ruling that the Parole Board’s decision to direct the release of John Worboys (the ‘black cab rapist’) should be quashed.’

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UK Human Rights Blog, 13th April 2018

Source: ukhumanrightsblog.com

Worboys release decision overturned as Parole head quits – BBC News

Posted March 28th, 2018 in judicial review, news, parole, rape, regulations, sexual offences by tracey

‘A decision by the Parole Board to release the rapist John Worboys has been quashed, as the Board’s chairman Nick Hardwick resigns.’

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BBC News, 28th March 2018

Source: www.bbc.co.uk

Gambling regulator says FOBT stakes could be set higher than £2 – The Guardian

Posted March 19th, 2018 in gambling, news, regulations by sally

‘The UK’s gambling regulator has given the government the all-clear to defy calls to cut the stakes on the roulette-style games offered on controversial fixed-odds betting terminals (FOBTs) to £2.’

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The Guardian, 19th March 2018

Source: www.theguardian.com

Sir Stephen Laws: Giving “Deemed” Domestic Law Status to Retained EU Law – Constitutional Law Association

Posted March 1st, 2018 in bills, drafting, EC law, legislation, news, regulations, treaties by sally

‘In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all retained direct EU law (defined by the HLCC to encompass all the law continued under clauses 3 and 4 of the Withdrawal Bill) should be given the status of domestic primary legislation passed immediately before exit day. He suggests, instead, a hierarchy in which some law continued in force under clause 3 should be “deemed to be a statutory instrument”. This formulation is intended, it seems, to do more than its usual job (which is confined to attracting the provisions of the Statutory Instruments 1946, which are largely irrelevant for present purposes). It appears to be intended, instead, to give the law in question the status of subordinate legislation made under legislative powers delegated to the executive. But what practical effects is it designed to produce?’

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Constitutional Law Association, 28th February 2018

Source: ukconstitutionallaw.org

The right of appeal against refusal of a residence card: where are we up to? – UK Human Rights Blog

Posted February 28th, 2018 in human rights, immigration, news, regulations by sally

‘One way for an immigrant to gain the right to be in the UK is by making an application under the Immigration Rules. But these applications are relatively expensive and the requirements have become increasingly stringent.’

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UK Human Rights Blog, 27th February 2018

Source: ukhumanrightsblog.com

I can serve this only once – gas safety certificates – Nearly Legal

Posted February 12th, 2018 in energy, health & safety, housing, landlord & tenant, news, regulations by tracey

‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’

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Nearly Legal, 11th February 2018

Source: nearlylegal.co.uk

When to adjourn a misconduct hearing – UK Police Law Blog

Posted February 12th, 2018 in adjournment, disciplinary procedures, news, police, professional conduct, regulations by tracey

‘When must a police misconduct hearing adjourn the proceedings for the attendance of the respondent officer or even a witness?’

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UK Police Law Blog, 9th February 2018

Source: ukpolicelawblog.com

Availability of Legal Aid for Applications Pursuant to the 1996 Hague Convention – Family Law Week

Posted February 6th, 2018 in children, legal aid, news, parental responsibility, regulations, treaties by tracey

‘Anne-Marie Hutchinson OBE QC (Hon), Partner, Dawson Cornwell, and Michael Gration, Barrister, 4 Paper Buildings, highlight an oversight in LASPO.’

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Family Law Week, 4th February 2018

Source: www.familylawweek.co.uk

New laws to prohibit betting on EuroMillions draws to come into force in April – OUT-LAW.com

Posted February 5th, 2018 in gambling, news, regulations by sally

‘New laws to prohibit gambling operators from accepting bets from consumers in Britain on the outcome of EuroMillions draws taking place outside of the UK will come into force on 6 April this year.’

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OUT-LAW.com, 5th February 2018

Source: www.out-law.com

Fines under GDPR wait for businesses that fail to fix known security flaws now, says UK watchdog – OUT-LAW.com

Posted January 11th, 2018 in data protection, EC law, fines, news, regulations by tracey

‘Data breaches that arise after new EU data protection laws take effect but which stem from security flaws that were known about prior to then will be enforced under the General Data Protection Regulation (GDPR), the UK’s data protection watchdog has said.’

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OUT-LAW.com, 10th January 2018

Source: www.out-law.com

Obliged companies are to publish their first non-financial strategic reports in the first half of 2018 – OUT-LAW.com

Posted January 8th, 2018 in bribery, company law, corruption, news, regulations, reports by sally

‘Traded companies, banks and insurers with a calendar financial year will be assessing how to comply with new non-financial reporting obligations over the coming months, including the obligation to report on anti-bribery and anti-corruption matters.’

Full Story

OUT-LAW.com, 5th January 2018

Source: www.out-law.com

Changes to legal aid for victims of domestic abuse in force on Monday – Legal Aid Handbook

Posted January 8th, 2018 in children, domestic violence, evidence, legal aid, news, regulations, time limits by sally

‘Funding for private family law cases is generally only available where the applicant for legal aid can show that they are a victim of domestic abuse, or where they can show that the aim of the proceedings is to protect a child at risk of abuse from a third party (such applications are in scope because of Paras 12 and 13 of Part 1 Schedule 1 of LASPO; see also Chapter 6 of the Handbook). Until the successful challenge to the original regulations by Rights of Women, there was a requirement that the evidence in support of the application had to be no more than 2 years old. Following the litigation, that was extended to 5 years.’

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Legal Aid Handbook, 7th January 2018

Source: legalaidhandbook.com

The Bedworth bedroom conundrum – Nearly Legal

Posted January 4th, 2018 in benefits, housing, local government, news, regulations, social security by sally

‘A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax.’

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Nearly Legal, 31st December 2017

Source: nearlylegal.co.uk

Alternative cremation option “on hold” – Law & Religion UK

Posted December 21st, 2017 in burials and cremation, news, regulations, water, water companies by tracey

‘On 18 December 2017 the BBC reported ‘Water cremation’ plans on hold over environmental fears following an earlier refusal* by Severn Trent Water to grant a trade effluent permit to Sandwell Council who wished to operate an alkaline hydrolysis plant (“resomation”) for the disposal of human remains.’

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Law & Religion UK, 21st December 2017

Source: www.lawandreligionuk.com

MoJ formally rules out review of legal regulation and complete independence for regulators – Legal Futures

‘The current framework of legal regulation is “inconsistent”, the Ministry of Justice (MoJ) accepted today, but said it could not commit to the formal review sought by the Competition and Markets Authority (CMA) and others.’

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Legal Futures, 19th December 2017

Source: www.legalfutures.co.uk

Legal regulation “more than ripe for total overhaul”, House of Lords told – Legal Futures

Posted December 18th, 2017 in legal services, news, parliament, regulations, speeches by sally

‘Legal regulation is “more than ripe for total overhaul”, a former chair of the Bar Standards Board has told the House of Lords.’

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Legal Futures, 15th December 2017

Source: www.legalfutures.co.uk

Court rejects call by council for pensions set-off from officer convicted of fraud – Local Government Lawyer

Posted November 27th, 2017 in equity, fraud, interpretation, local government, London, news, ombudsmen, pensions, regulations by sally

‘The High Court has rejected a London borough’s bid to set off the pension benefits of a former senior finance officer who defrauded the council.’

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Local Government Lawyer, 24th November 2017

Source: www.localgovernmentlawyer.co.uk

Drone users will be forced to sit safety tests as number of near misses with planes increases by 60 per cent – Daily Telegraph

‘Drone users will be forced to sit safety tests under a government clampdown after near misses with planes have increased by 60 per cent in a year.’

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Daily Telegraph, 26th November 2017

Source: www.telegraph.co.uk

Court of Protection Rules 2017 – Courts and Tribunals Judiciary

Posted November 24th, 2017 in Court of Protection, press releases, regulations by tracey

‘As of 1 December 2017, the Court of Protection Rules 2017 come into force. The Rules are now in the same format as the Civil Procedure and Family Procedure Rules. The new-look Court of Protection Rules will also incorporate those rules relating to case management which have, since September 2016, been implemented by way of the Case Management Pilot. The Practice Directions supporting the 2007 Rules are replaced by the package of new Practice Directions supporting the 2017 Rules.’

Full press release

Courts and Tribunals Judiciary, 23rd November 2017

Source: www.judiciary.gov.uk